How to get a prenuptial agreement in Nevada

The last thing unmarried people want to think about in the months before a trip down the marital aisle in Las Vegas is divorce. But with the divorce rate at about 33 percent, it’s a smart move to take a deep dive into financial and other situations before you say, “I do.” This way, you can make decisions with a clear head to ensure you and your heirs are properly cared for should the worst happen. You’re preparing for a worst-case scenario, a key practice for anything in life.

What is a prenuptial agreement in Nevada?

A Nevada prenuptial agreement, or prenup, is a written agreement created by one or both parties in a couple before they marry. It details the ownership of respective assets should their marriage fail. A Nevada premarital agreement, also known as an antenuptial agreement or prenuptial contract, establishes each spouse's separate or marital property and financial rights and is effective upon the marriage. It’s like estate planning but for marriage. You make a will or set up a trust to leave items to your children or heirs; a prenup helps determine who gets what if the marriage ends in separation or divorce.

Negotiating a prenup in Nevada does not guarantee impending marital disaster. It's a good exercise because it forces couples to communicate their attitudes about money, saving and spending habits, and financial goals, as well as expose accrued debts. Financial stress and too much conflict are leading causes of divorce. Why not get all of that out in the open before you join households and save yourself the stress?

Who needs a prenup?

While it’s common for wealthy couples in Nevada to enter into prenuptial agreements, couples with more modest means increasingly turn to prenuptial agreements to protect money and separate property for their children from prior marriages. Business owners, especially small business owners, also look to prenuptial agreements to protect personal rights to their businesses from being taken over or dissolved over the course of a divorce.

Whether a couple has children, prenuptial agreements clarify each spouse's rights and responsibilities regarding finances during their marriage. For instance, how they’ll manage joint bank accounts, credit card and household bills, and savings. They can also spell out the respective obligations when one spouse plans to put the other through college or a professional certification program.

What does a premarital agreement cover?

There are nine basic areas to cover when creating your Nevada prenuptial agreement.

Real estate

For couples in common law states, real estate acquired during a marriage is considered a shared asset in a divorce, meaning it's split 50-50 between you. When you’re parting ways, that kind of situation isn’t always tenable, so most likely, you’ll sell the asset and split the proceeds from the sale.

Prenuptial agreements in Nevada override common law because they can specify how future significant assets, like a home, will be acquired and whom they belong to in the event of a divorce. However, that’s not a universally true statement, so it’s advisable to consult with a divorce attorney.

Premarital assets

As the name implies, premarital assets are assets you own before marrying. They can, however, become jointly owned through such an agreement or transfer of title. In some states, a home owned by one spouse before marriage could arguably become common property if, say, funds from a joint bank account or from the non-owning spouse’s account are used to pay the mortgage. Adding your future spouse to a checking account so you both have a debit card may have ramifications you’ll want to avoid with a prenuptial agreement.

Cash

Cash and other liquid assets, like life insurance policies or death benefits, kept separate over the course of the marriage can be retained by the owning spouse even after a split. If you pool your assets in a joint bank account or joint retirement account, however, you could wind up arguing over who gets how much, if any. That’s where a prenuptial agreement comes in handy.

Stock investments

In the same way as with cash, a premarital agreement keeps investments separate or, at least, defines what happens with a jointly held account, like an IRA or brokerage account.

When discussing this aspect of the premarital agreement, use this opportunity to discuss your expectations for future spouses when it comes to saving and investing. For example, you could set an expectation that, during the marriage, one or both of you will contribute a certain percentage toward a mutually owned retirement plan.

Children’s inheritance

While a prenup cannot help you decide which of you gets the children and who gets to be involved in big decisions, such as religious upbringing, healthcare, and school, it can help you discuss children from a prior marriage and their inheritance. Your state’s inheritance laws and probate process might prevent you from providing what marital and premarital property you’d like to give your intended heirs. Plus, the surviving spouse will have the strongest claim to the property after the death of the other party. That surviving spouse can then parse out your property to children from a previous marriage. This is why a prenup (and even a living trust) can be a great estate planning tool.

Business ownership

If you’re a business owner, a prenuptial agreement is the best way to ensure your business stays yours. That is, unless you want to share it with your prospective spouse, in which case the prenup will act as a clarifying tool in the event of a divorce. This is true even if your business or shares of business ownership aren’t a significant portion of your net worth. It’s just a good idea to distinguish that your business is outside your spouse’s control.

Family heirlooms

Tangible items with sentimental value should also be considered when creating a prenuptial agreement. Your spouse should not appropriate things that mean something to you or your heirs. While some things may not be valuable, others may be, and they may be sold off for profit. In a community property state, you’ll want to distinguish certain assets from community property so they remain yours to pass on as you like to your heirs.

Debt

In this age of astronomical debt, a prenuptial agreement can clarify who’s responsible for paying off debt brought into the marriage. You want debt to be considered separate property, not community property. You don’t want to be roped into the financial responsibility of settling debt you didn’t create either before or during the marriage. A prenup draws a line in the sand for you to escape responsibility for payoffs.

Responsibilities

While you cannot spell out certain obligations, like who will do what chores, you can use the opportunity to discuss the larger vision of how your home will function. Who files and pays taxes, who pays the bills, who works, and who manages the finances, however, can be spelled out.

What are the disadvantages of a prenuptial agreement?

There are two main disadvantages to a prenuptial agreement.

• A prenup is not perfect. If either partner does not fully disclose their complete financial situation, this can cause a large legal issue during the divorce process and may make premarital agreements unenforceable. Also, if you write your own prenuptial agreement to save money, it might not meet your state’s rules, thereby voiding your agreement. This is why it helps to have a family law attorney on hand even before you get married.
• Terms might out-favor one party. One of the biggest overlooked drawbacks of the prenuptial agreement is that either partner might agree to poor terms. When you’re deeply in love, you might not think through your future situation completely. You have to get yourself in the right head space to draw up a document like this and sign it, too. And it doesn’t hurt to have a family law attorney look over your document before you sign anything.

How much does it cost to create a prenuptial agreement in Nevada?

While you can create a do-it-yourself prenup in Las Vegas, it’s not advisable because state rules can change. Your best bet would be to contact a family law attorney who would charge anywhere from $1,000 to $10,000 and up, depending on how complicated your assets are. The more each spouse owns, the more complex the agreement will be, which increases cost. According to marketplace data, however, the average cost of a Nevada prenuptial agreement is $1,066.67. Most prenuptial agreement attorneys offer a free consultation with no obligation.

What makes a prenup valid in Las Vegas or Nevada?

To make a prenup valid in Nevada, these criteria must be met. The written agreement, signed by both parties and agreed to voluntarily, must include full and fair disclosure of all assets and liabilities. It must also be made without signs of duress, fraud, or undue influence on either party. See “What voids a prenup?” above.

When does a prenup go into effect in Las Vegas?

The prenup that is in writing and signed by both parties is effective upon the couple's marriage. See “What is a prenuptial agreement in Nevada?” above.

What cannot go into a prenup in Las Vegas?

No wording that has anything to do with child custody or child support or that negatively affects spousal or child support can go into a prenup. Same with domestic violence relief. No illegal activities or anything that violate public policy or criminal statutes. See “What are the five things you cannot agree to in a prenuptial agreement?”

Can a prenup cover the division of property?

Yes. Even couples of more moderate incomes use prenups to protect premarital assets for children from previous marriages. The agreement can help control property distribution. See “What does a premarital agreement cover?” above.

Can a prenup cover child support/spousal support (alimony) in Las Vegas?

No. The court has the final say in child and spousal support (alimony). See “What are the five things you cannot include in a prenuptial agreement?” above. 

FAQs

When should you complete the prenup?

A prenuptial agreement is a complex contract that must be executed properly to be enforceable. The latest you should start the process is a couple of weeks before the wedding. 

When should you not agree to a prenup?

When the prenup favors one spouse over the other. This is why it is important for each party to retain their own legal counsel so there isn’t any conflict of interest on the attorneys’ part. 

What are the five things you cannot include in a prenuptial agreement?

While Nevada statutes include a law called the Uniform Premarital Agreement Act, which allows many things, there are five things you cannot include in your premarital contracts.

These items include:

• Child custody and child support. The court has the final say in child custody and support matters and prioritizes the best interests of the child regardless of any agreement, pre- or post-marital agreements.
• Illegal activities. A prenup cannot promote illegal activities or activities that violate public policy.
• Domestic violence relief. A clause that attempts to limit a party’s right to seek relief from domestic violence is invalid in a prenuptial agreement.
• Adverse impact on child support. A child’s right to receive support may not be adversely affected by a premarital agreement.
• Anything contrary to public policy or criminal statutes. You cannot agree in a contract to anything that violates public policy or any statute imposing a criminal penalty.

What voids a prenup?

The Uniform Premarital Agreements Act holds that the following issues render a Las Vegas prenuptial agreement, or any premarital agreement in Nevada, not enforceable:

• The party did not execute the agreement voluntarily.
• The agreement, when executed, was unconscionable to a reasonable person.
• Before the agreement’s execution, that party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
• That party did not voluntarily and expressly waive, in writing, any right to disclosure of the other party's property or financial obligations beyond the disclosure provided and did not have, or reasonably could not have had, adequate knowledge of the other party's property or financial obligations.
• A provision of the premarital agreement modifies or eliminates alimony, spousal support (alimony), or maintenance of a spouse, and that modification or elimination makes one party eligible for support under a program of public assistance at the time of separation or marital dissolution.
• The marriage is deemed to be void.

What should you not agree to in a prenup?

You should not have signed off on anything that has to do with child custody, child support, spousal support (alimony), or other arrangements having to do with support, such as domestic violence relief. Also, don’t agree to anything that is illegal or contrary to public policy or criminal statutes. See “What are the five things you cannot agree to in a prenuptial agreement?"

Who is responsible for prenup enforcement in Las Vegas or Nevada?

Chapter 123 of the Nevada Revised Statutes sets forth Nevada’s Uniform Premarital Agreement Act (UPPA law), so the courts are responsible for enforcement of Nevada prenuptial agreements.